Amended by State Law 7-47. Note that State Law
7-47 appears to incorporate certain typographical errors. This Code uses
the text of the bill and floor amendment actually voted upon by the Legislature,
not the L.D. 1 version. Further amended by State Law
Section 18.507. Judicial review of contested cases.
(1) A person adversely affected or aggrieved by a final decision made pursuant to this Chapter is entitled to judicial review of that decision in the Kosrae State Court. The Court shall conduct a de novo trial of the matter and may receive in evidence any or all of the record from the administrative hearing that is stipulated to by the parties.
(2) The reviewing court shall decide all relevant questions of law and fact, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall:
(a) compel agency action unlawfully withheld or unreasonably delayed;
(b) hold unlawful and set aside agency actions and decisions found to be:
(i) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(ii) contrary to constitutional right, power, privilege, or immunity;
(iii) in excess of statutory jurisdiction, authority, or limitations, or a denial of legal rights;
(iv) without substantial compliance with the procedures required by law; or
(v) unwarranted by the facts.
Repealed and replaced by State Law